HAZELWOOD+SCHOOL+DISTRICT+v.+KUHLMEIER

Hazelwood School District et al. v. Kuhlmeier et al.. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit United States Supreme Court Argued October 13, 1987 Decided January 13, 1988 ** Background **

Three former staff members of Hazelwood East High School filed a suit in Federal District Court against the school district and two school officials alleging that their First Amendment rights of free speech were violated when two pages of the school newspaper were deleted from print. The pages contained information on students’ experiences with pregnancy and the impact of divorce. The District Court decided that the petitioners did not violate the First Amendment of the three staff members, but The Court of Appeals reversed the decision. The U.S. Supreme Court agreed to hear the case.

** Decision **

The Supreme Court reversed the decision of The Court of Appeals, citing that the rights of students in public school are not equal to the rights of adults in other settings and that educators do not violate free speech by editing speech, especially; when the message brings forth concern. Plus, a school newspaper cannot be considered a forum for public expression unless noted by school officials. The precedence set therefore, is while government cannot censor free speech, a public school can when it feels that the message is not congruent to its purpose as an educational institution.

** Impact on Education **

The education field is impacted by this decision because this case places a great deal of control to the school in regards of power over student free speech. Educators and administrators should be aware that in order to censor free speech from a school newspaper, the institution must clearly state that the paper is not a public forum and subject to censorship. Plus, efforts must be made to show that the censored speech raises concerns that undermine the mission of the school or trample upon the rights of others. Furthermore, students need to be informed of polices concerning free speech and censorship especially if the activities can be considered part of school curriculum.

** Applicable Quiz Question **

True or False **//completed independently by Jody Carter//** Schools do not have the authority to censor the free speech of the students no matter the circumstances.

 Hazelwood School District et al. v. Kuhlmeier et al..   On writ of certiorari to the United States Court of Appeals for the Eighth Circuit   United States Supreme Court   Argued October 13, 1987 Decided January 13, 1988  <span style="line-height: 17.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;">** Background ** <span style="line-height: 17.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;"> <span style="margin-bottom: 16.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;"> Students attending Hazelwood East High raised the question of whether the principal violated the First Amendment rights of his students by deleting two pages of the //Spectrum//, the school-sponsored newspaper that was produced in a school journalism course. The articles covered teenage pregnancy at Hazelwood East and the effects of divorce on students. Reynolds decided to delete the two pages on the grounds that the pregnancy article was inappropriate for a school newspaper and its intended audience, and the girls’ identity was not adequately protected. He also believed that the divorce article, in which a student sharply criticized her father for not spending more time with his family, violated journalistic fairness. Therefore, he was acting in the best interests of the school by censoring the material. A similar position that was previously held by the court in //Bethel vs. Fraser// where they cited, “A school need not tolerate student speech that is inconsistent with its basic educational mission.” <span style="line-height: 17.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;">** Decision ** <span style="line-height: 17.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;"> <span style="margin-bottom: 16.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;"> On Jan. 13, 1988, the U.S. Supreme Court voted 5-3 to reverse the decision of the U.S. Court of Appeals for the 8th Circuit in St. Louis, which had upheld the rights of the students. The Court ruled that Principal Reynolds had the right to censor articles in the student newspaper that were deemed contrary to the school’s educational mission. The Supreme Court began its analysis by citing //Tinker v Des Moines’s// basic premise that students “do not shed their constitutional rights to freedom of speech or expression at the school house gate.” Where //Tinker v Des Moines// gave students the power of free expression, //Hazelwood// gave school administrators the power to censor student newspapers. <span style="line-height: 17.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;"> <span style="line-height: 17.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;"> <span style="line-height: 17.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;">** Impact on Education ** <span style="line-height: 17.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;"> <span style="line-height: 17.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;"> The education field is impacted by this decision because it allows them to have the final say on what is appropriate for their school environment. As Justice Bryon White put it, “A school must take into account the emotional maturity of the intended audience in determining whether to disseminate student speech on potentially sensitive topics, which might range from the existence of Santa Claus in an elementary school setting to the particulars of teenage sexual activity in a high school setting.” By editing inappropriate articles, a school can also raise it standards for student speech. Talking is a key aspect of Language Arts and should be modeled, taught and practiced in an appropriate manner. Allowing teachers to edit inappropriate material ensures that students are getting adequate structure in their writing practices. <span style="line-height: 17.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;"> <span style="line-height: 17.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;">** Applicable Quiz Question ** Fill in the Blank <span style="margin-bottom: 16.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;">// Tinker v Des Moines  // gave students the power of ________, //Hazelwood// gave school administrators the power to ________. <span style="margin-bottom: 16.0pt; mso-layout-grid-align: none; mso-pagination: none; text-autospace: none;">//** Completed independently By: Samantha Knight **//